But because of limits the Legislature imposed on how much people can collect for pain and suffering in medical malpractice lawsuits, the judgment was reduced to $781,000.

By the time Nadine Raphael pays roughly $440,000 in medical bills, her attorneys and the tens of thousands of dollars they spent on experts to prove the case, she will get nothing, said her attorney Scott Henratty.

***

"The legislation that was enacted has had the intended effect," said Boca Raton attorney Michael Mittelmark. "We've seen fewer cases and fewer frivolous cases."

***

To get the Fourth District Court of Appeal to toss the caps, Raphael's attorneys have to persuade it that the medical malpractice crisis was trumped up by a Republican governor and Republican-led legislature that long sided with doctors and insurance companies against what they portrayed as greedy trial lawyers.

Mittelmark, the Florida Medical Association, the Florida Hospital Association and the Florida College of Emergency Physicians scoff at such claims. In court briefs, they all point out that the caps were enacted after a year-long study by a task force of university presidents appointed by then-Gov. Jeb Bush. While it made 60 recommendations of steps that could be taken to reel in medical malpractice insurance rates that it claimed were driving doctors from the state, it said caps were the key.

Jane Musgrave, at the Palm Beach Post, wrote the article quoted above which can be found here.

Disclaimer: George N. Meros and GrayRobinson, P.A. filed an amicus brief in the Fourth District Court of Appeal in this action.

Jury Instructions

Disclaimer

This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice (or any legal advice). By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. By using this blog site you understand that any statement on the blog site are solely those of the author. By using this blog site you understand that the Blog/Web Site is not affiliated with or approved by anyone other than the author. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state or jurisdiction. This blog is not published for advertising or solicitation purposes. Regardless, the hiring of a lawyer is an important decision that should not be based solely upon advertisements.